Contracts Matter

My column for AIGA Blue Ridge is available at this link. I don’t normally do the dissection of a particular case unless it has a great deal of meaning or merit. But this column is about a specific case involving a graphic designer, a non-paying client, and copyrights. This is a post that carries the… Continue Reading

A Case Study in Contract Drafting

The paragraph below comes from a nondisclosure agreement that was sent to me by a client for review. This particular NDA this particular NDA was drafted by another attorney. An NDA is a pretty straightforward and simple agreement, but is often one filled with contract terms, like the one below, that torture the mind. The… Continue Reading

The Problem of Most Contracts

Note this post is not about hating on contracts. This is a post about contracts and the problems that I see in contracts. I believe that most people make contracts far more complicated than they should be. I also believe that most businesses and their lawyers should be thinking about contracts as much from a… Continue Reading

Policing and Protecting Your Trademark

Congratulations! You got your trademark registered with the US PTO. You have an officially registered trademark blessed by the United States government. If you think that was the hard part, it is not. Now comes the hard part of policing, protecting, and maintaining your trademark. Let’s start with the basics. In order to maintain the… Continue Reading

Are Those Online Agreements Enforceable?

To answer the question in a very lawyerly way…It all depends. This post from Business Law Post talks about the different kinds of online form contracts as well as how enforceable they may be. The threshold question, which is quite important, is whether a contract was actually intended to be formed. Unlike ink and paper contracts,… Continue Reading